A Study on the Practical Suggestions in the Contract for the Turnkey Supply of an Industrial Plant - Focused on the Commentary of ICC Model Contract -

턴키방식 플랜트계약의 실무상 유의점에 관한 연구 - ICC 표본 계약서의 해설을 중심으로 -

  • Received : 2012.01.30
  • Accepted : 2012.02.23
  • Published : 2012.02.29

Abstract

This article examines the Practical Suggestions in the Contract for the Turnkey Supply of an Industrial Plant based on a study focused on the commentary of "ICC Model Contract" clause which is encouraged by ICC. Especially practical issues are inquired into on business and legal perspective as follows. First, in regard to supply of technical documentation, equipment and spare parts, it is important to supplier and purchaser to agree on obtaining technical documents necessary for installing and operating plant, and also components necessary for it's maintenance. Second, it is about erection, testing, taking over and training chapter. Both parties need to agree about the process of the arrival of equipments and assembly conducted by the supplier and following examination and also training purchaser to operate it Third, when it comes to price, payment conditions, bank guarantees, parties are to make decision on the pricing, payment conditions and currency of contract-payment. Lastly, it is necessary to reach an agreement of the issue of whether it is to be defined as delay or non-performance of the contract and also it's consequences about rights and obligation.

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